KSC, TITLE 18.  PUBLIC SERVICE SYSTEM
 

Chapter 5.  Discipline

Section 18.501.  Suspension.
Section 18.502.  Dismissal; demotion.
Section 18.503.  Appeals Panel.
Section 18.504.  Appeals Process.
Section 18.505.  Hearing.
Section 18.506.  Recommendations.
Section 18.507.  Judicial review of contested cases.

      Section 18.501.  Suspension.
      A management official may, for disciplinary purposes, suspend any employee without pay for such length of time as he considers appropriate but not to exceed 30 days  at any one time or 60 days in any 12 month period.  The management official shall transmit written notice to the Director upon suspension of an employee.  No single suspension for a period of more than 3 working days, whether consecutive or not, shall take effect until the management official transmits to the employee, by the most practical means, a written notice setting forth the specific reasons for the suspension and the employee's right to appeal. A copy of the notice shall be filed with the Branch Head and the Director without delay.  With the approval of the Branch Head, an employee may be suspended for a period longer than 30 days pending the investigation of any charge against him.  When an employee has been suspended pending such an investigation and the charge is subsequently dropped, he shall be reinstated in his position with full pay and benefits retroactive to the date of suspension.

Background
Amended by State Law 7-47.

      Section 18.502.  Dismissal; demotion.
      A management official may, for disciplinary reasons, dismiss or demote an employee when he determines that the good of the public service will be served thereby.  Demotions may also be made for reasons other than disciplinary ones; regulations, rules or directives shall specify the circumstances in which such demotions may be authorized.  No dismissal or demotion of a permanent employee shall be effective for any purpose until the management official transmits to the employee, by the most practical means, a written notice setting forth the specific reasons for the dismissal or demotion and the employee's rights of appeal.  A copy of the notice shall be filed with the Branch Head and with the Director without delay.

Background
Amended by State Law 7-47.

      Section 18.503.  Appeals Panel.
      Each Branch Head shall appoint not fewer than five persons to constitute a panel from which ad hoc hearing committees may be drawn for the purposes set forth in this Title.  Each person shall be appointed for a two year term.  The Branch Head may remove any of his appointments for cause.  Persons appointed shall be nonexempt employees of the Kosrae State Government, of mature judgment and experience.  The panel should include at least one member from each of the three branches of government.

Background
Amended by State Law 7-47.

      Section 18.504.  Appeals Process.
      Any regular employee who is suspended for more than the 3 working days, demoted, or dismissed may appeal to the Branch Head or his designee within 15 calendar days after written notice of the suspension, demotion or dismissal has been transmitted to him.  Any regular employee who has a grievance which has been handled pursuant to the grievance procedure as set forth in regulations to be promulgated by the Oversight Board, and who is still unsatisfied with the final decision may appeal to the Appeals Board pursuant to the applicable regulations.  Upon receiving such appeal, the Branch Head, or his designee, shall form an ad hoc hearing committee of three members, drawn from the panel established under Section 18.503 of this Chapter.

     (1)  The ad hoc committee shall comprise one member chosen by the Branch Head, one chosen by the appellant, and a third chosen jointly by the first two members.  If the first two members are unable to agree on the choice of a third member, the third member shall be selected by lot from among the remaining members of the panel.

     (2)  No member of an ad hoc committee shall be an officer or employee of the division the appellant was or is assigned, or a close relative of either appellant or the responsible management official.

     (3)  Members of the ad hoc committee shall not be entitled to additional compensation for such service, but shall be reimbursed for necessary expenses connected with any hearings to which they are assigned.

Background
Amended by State Law 7-47.

      Section 18.505.  Hearing.

     (1)  The hearing shall be held within 15 calendar days after the Branch Head receives the Appeal, unless the appellant requests a delay.  At the hearing, the appellant and the responsible management official shall each have a right to be heard, to present evidence, to be confronted by the adverse witnesses, and to be represented by counsel of his own choosing.

     (2)  At the hearing, technical rules of evidence shall not apply and evidence shall be taken stenographically or by a recording machine.  The committee shall on its own motion or on that of the Branch Head of the appellant, management official or appellant, subpoena witnesses and tangible evidence, when such witness or evidence are relevant and material to the hearing.  Hearings shall be public except when the appellant requests a closed hearing.

Background
Amended by State Law 7-47.

      Section 18.506.  Recommendations.
      The committee shall prepare a full written statement of its findings of fact and its recommendations for action within 7 calendar days after the close of the hearing.  Its recommendations may include modification or reversal of the disciplinary action, from which appeal was taken.  They shall forthwith transmit that statement, with such supporting documentation as it deems appropriate, to the appropriate Branch Head, the Director, and the Appellant.  The decision of the Branch Head shall be final.  The Branch Head shall transmit a copy of his decision to the Director and the Appellant within 14 calendar days of receipt of the recommendation of the committee.

Background
Amended by State Law 7-47.  Note that State Law 7-47 appears to incorporate certain typographical errors.  This Code uses the text of the bill and floor amendment actually voted upon by the Legislature, not the L.D. 1 version.  Further amended by State Law 7-119.

      Section 18.507.  Judicial review of contested cases.

     (1)  A person adversely affected or aggrieved by a final decision made pursuant to this Chapter is entitled to judicial review of that decision in the Kosrae State Court.  The Court shall conduct a de novo trial of the matter and may receive in evidence any or all of the record from the administrative hearing that is stipulated to by the parties.

     (2)  The reviewing court shall decide all relevant questions of law and fact, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.  The reviewing court shall:

     (a)  compel agency action unlawfully withheld or unreasonably delayed;

     (b)  hold unlawful and set aside agency actions and decisions found to be:

     (i)  arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

     (ii)  contrary to constitutional right, power, privilege, or immunity;

     (iii)  in excess of statutory jurisdiction, authority, or limitations, or a denial of legal rights;

     (iv)  without substantial compliance with the procedures required by law; or

     (v)  unwarranted by the facts.

Background
Repealed and replaced by State Law 7-132.
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